Commonwealth Numbered Acts

STATUTE STOCKTAKE (REGULATORY AND OTHER LAWS) ACT 2009 (NO. 111, 2009) - SCHEDULE 2

Part 1 -- Repeals

APEC Public Holiday Act 2007

1  The whole of the Act

Repeal the Act.

Delivered Meals Subsidy Act 1970

2  The whole of the Act

Repeal the Act.

Home Nursing Subsidy Act 1956

3  The whole of the Act

Repeal the Act.

Income Tax (Franking Deficit) Act 1987

4  The whole of the Act

Repeal the Act.

Nursing Homes Assistance Act 1974

5  The whole of the Act

Repeal the Act.

States Grants (Home Care) Act 1969

6  The whole of the Act

Repeal the Act.

States Grants (Nurse Education Transfer Assistance) Act 1985

7  The whole of the Act

Repeal the Act.

States Grants (Paramedical Services) Act 1969

8  The whole of the Act

Repeal the Act .

Part 2 -- Amendments consequential on repeals

Aged or Disabled Persons Care Act 1954

9  Subsection 2(1) (sub-subparagraph (d)(ii)(C) of the definition of eligible person )

Omit "or the Nursing Homes Assistance Act 1974 ".

10  Subsection 2(1) (paragraph (d) of the definition of hostel )

Omit "or the Nursing Homes Assistance Act 1974 ".

11  Subsection 10C(3)

Omit "or the Nursing Homes Assistance Act 1974 ".

Higher Education Funding Act 1988

12  Subsections 18(3) and (4)

Repeal the subsections.

National Health Act 1953

13  Subsection 105AAB(8)

Repeal the subsection.

Part 3 -- Matters relating to the repeal of the Income Tax (Franking Deficit) Act 1987

14  Application of item 4 of Schedule 2

The repeal made by item 4 of Schedule 2 applies:

                     (a)  so far as it affects assessments--to assessments for the 2006‑07 income year and all later income years; and

                     (b)  otherwise--to acts done or omitted to be done, or states of affairs existing, after 14 September 2006.

15  Making and amending assessments, and doing other things, in relation to past matters

Even though the Income Tax (Franking Deficit) Act 1987 is repealed by item 4 of this Schedule, the repeal is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003 ):

                     (a)  making or amending an assessment (including under a provision that is itself repealed or amended);

                     (b)  exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);

in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal applies.

16  Repeal is disregarded for the purposes of dependent provisions

If the operation of a provision (the subject provision ) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003 ) made under any Act depends to any extent on the Income Tax (Franking Deficit) Act 1987 , or a provision of that Act, the repeal of that Act by item 4 of this Schedule is disregarded so far as it affects the operation of the subject provision.

17  No limitation on the operation of section 8 of the Acts Interpretation Act 1901

Items 15 and 16 of this Schedule do not limit the operation of section 8 of the Acts Interpretation Act 1901 .